No building or structure hereafter shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or structure be used or arranged for any purpose or manner other than those permitted within the assigned zoning districts and specific provisions of this ordinance. Any building or structure shall be located on an approved lot of record, and, in no case, shall there be more than one principal building on one lot unless otherwise provided in this ordinance.

(Ord. No. 2004-02.04, Art. 2, § A, 2-17-04)

Nothing in this ordinance shall be deemed to require any change to the plans, plats, lots or buildings previously approved prior to the effective date of this ordinance.

(Ord. No. 2004-02.04, Art. 2, § B, 2-17-04)

1.

Purpose. This Article establishes the City's procedures for ensuring Zoning Ordinance compliance and correcting Ordinance violations. It also explains violation remedies and penalties. The Zoning Administrator (ZA) is responsible for enforcing the provisions of this Ordinance in accordance with the Code of Virginia. The City encourages voluntary violation correction.

2.

Compliance Required.

a.

All City property and building owners must comply with the zoning ordinance.

b.

All property and building owners must obtain all required permits and approvals before development.

c.

Permits or approvals issued by a body or the ZA authorize only the use, arrangement, location, design, density or intensity, and development subject to stated limitations or conditions.

3.

Violations.

a.

General Violations. Non-compliance with this Ordinance, or the terms or conditions of any permit or approval granted in accordance with this Ordinance, is a violation.

b.

Specific Violations. Developments undertaken contrary to the provisions of this Ordinance, including, but not limited to, any of the following, are violations:

i.

Land development without first obtaining required permits and approvals and complying with their terms and conditions.

ii.

Use property and/or buildings without first obtaining required permits and approvals and complying with their terms and conditions.

iii.

Disturb required landscaped areas or vegetation.

iv.

Increase development intensity or density without first obtaining required permits and approvals and complying with their terms and conditions.

v.

Install, create, erect, alter, or maintain any sign without first obtaining the appropriate permits or development approvals, and complying with their terms and conditions.

vi.

Create, expand, replace, or change any nonconformity except as allowed by this Ordinance.

vii.

Reduce or diminish the requirements for use, development, design, or dimensional standards below minimum regulations.

viii.

Violate, by act or omission, any condition of approval placed by a body or the Zoning Administrator on a permit or approval.

ix.

Engage in any development or other activity inconsistent with a permit or approval granted for such activity.

x.

Obtain a permit or approval with false or misleading information.

4.

Persons Held Responsible for Violating the Zoning Ordinance. Any property owner whose land has a violation may be held responsible and subject to the remedies and penalties set forth in this Article.

5.

Enforcement Procedure.

a.

Complaints and Investigation. Anyone may file a complaint about a suspected violation. Complaints are filed with the ZA. The ZA will investigate the complaint. If the ZA finds a violation, then they may abate or correct the violation.

b.

Inspections.

i.

Site Inspections. The ZA must request permission from the property owner to inspect land or buildings. If the property owner does not consent to inspection, then the ZA may enter with a warrant.

ii.

Inspection Warrants. The ZA may make an affidavit under oath that establishes probable cause that a zoning violation exists at a property for a warrant. Prior to attempting to obtain a warrant, the ZA shall make a reasonable effort to obtain consent to inspect from the property owner.

c.

Violation Notice.

i.

If the ZA determines a violation exists, then ZA shall provide a written violation notice to the property owner describing the violation; steps necessary for correction; a deadline, and the consequences if it is not resolved.

ii.

If the owner of the land cannot be located or determined, the ZA shall post the violation notice on the property. The timeframe for appealing or correcting the violation begins five (5) calendar days after the notice is posted.

d.

Violation Notice Appeal.

i.

The violation notice must state that it may be appealed to the BZA within 30 calendar days or ten (10) calendar days for short-term, recurring violations.

ii.

Time Limit for Appeals. The notice of violation may only be appealed to the BZA during the timeframes established in subsection (1), above.

iii.

Conditional Zoning. Where the violation notice involves a property with a conditional zoning or Planned Unit Development the BZA may not modify approval conditions.

iv.

Appeal Stays Other Proceedings. Except in cases of imminent peril to life and property certified by the ZA to the BZA, whenever a violation notice appeal is filed with the BZA it limits all subsequent proceedings until the BZA rules on it.

v.

Application of Remedies and Penalties. If the property owner fails to correct the violation by the time limit specified in the violation notice, or any granted extension, the ZA will take appropriate action to remedy the violation.

vi.

Emergency Enforcement Without Notice. If delay in remedying the violation poses a danger to the public health, safety, or welfare, then the ZA may immediately abate the violation without prior written notice by invoking any of the remedies authorized in Section 7.F, Remedies and Penalties.

6.

Remedies and Penalties. Any violation of this article may be corrected, restrained, or abated by any of the following proceedings and remedies in accordance with the Code of Virginia.

a.

Stop Work Orders. The City may issue a stop work order on any permit or development approval on any property where there is a violation.

b.

Penalties. The City adopted a schedule of civil penalties for each violation as follows:

i.

A civil penalty of not more than $200 for the initial summons and not more than $500 for each additional summons.

ii.

Additional summonses for the same violation resulting from the same operative set of facts may be imposed once during each ten (10) day period, with a maximum civil penalty of $5,000.

c.

Abatement. Any violation or attempted violation of this Ordinance may be restrained, corrected, or abated by injunction or other appropriate proceeding allowed by the Code of Virginia.

d.

Other Penalties Authorized by the Code of Virginia. The City has other civil remedies as allowed by the Code of Virginia.

i.

Cumulative Penalties. To the extent allowed by law, all such remedies and penalties provided herein are cumulative.

7.

Permit or Clearance Revocation.

a.

All Permits or Clearances Except Special Use Permits.

i.

Required Findings. The ZA may revoke a Zoning Clearance if the recipient of the certificate is found to do the following:

1.

Fails to develop or maintain the property in accordance with the information submitted as approved in the Zoning Certificate;

2.

Fails to abide by the requirements of this Ordinance; or

3.

Fails to meet conditions imposed with the issuance of the Zoning Certificate.

ii.

Special Use Permit. City Council may revoke a Special Use Permit if the recipient fails to comply with permit conditions.

b.

Revocation Notification. The ZA must provide the recipient 10 days' notice in writing and include the reasons for revocation.

c.

Revocation Appeal.

i.

General. A revocation of a clearance or permit by the ZA may be appealed to the BZA within 30 calendar days.

ii.

Appeal Stays Other Proceedings. Except in cases of imminent peril to life and property certified by the ZA to the BZA, whenever a violation notice appeal is filed with the BZA it limits all subsequent proceedings until the BZA rules on it.

(Ord. No. 2022-05.06, Exh. A, 5-3-22)

Editor's note— Ord. No. 2022-05.06, Exh. A, adopted May 3, 2022, repealed the former § C, and enacted a new § C as set out herein. The former § C pertained to administration and enforcement and derived from Ord. No. 2004-02.04, Art. 2, § C, adopted Feb. 17, 2004.

1.

A building permit is required in advance of the initiation of any building construction activity including erecting, constructing, enlarging, structurally altering, converting or relocating any building or structure and for any other activity as required by the Virginia Uniform Statewide Building Code. All applications for building permits shall be accompanied by building plans, specifications and site plans as required by the Virginia Uniform Statewide Building Code, plus additional information deemed necessary by the Planning Director/Zoning Administrator to enforce the provisions of this ordinance.

2.

Issuance of any building permit is subject to the applicant obtaining an approved zoning permit, site plan, subdivision plat, certificate of appropriateness, floodplain activity permit or any other plan approval or permit as may apply. No building permit shall be issued until the Director of Planning/Zoning Administrator has certified that the proposed construction and use of the premises conform with all applicable provisions of this ordinance. The Director of Planning/Zoning Administrator shall be responsible for determining whether those applications for permits are in accord with the requirements of this ordinance.

3.

It shall be unlawful for any person to erect, construct, enlarge, extend, structurally alter or use any building except in conformance with plans approved by the Director of Planning/Zoning Administrator, or his designee, as required by this article.

(Ord. No. 2004-02.04, Art. 2, § D, 2-17-04)

1.

A building hereafter erected under the expressed conditions of a building permit, with the exception of accessory buildings not intended for human occupancy, shall not be occupied in whole or in part until a certificate of use and occupancy has been issued by the Building Official. Said permit shall certify compliance with current administration requirements as stated within the documents known as the Virginia Uniform Statewide Building Code. In addition, the occupancy permit shall also certify applicable compliance with current zoning regulations as attested by the Director of Planning/Zoning Administrator.

2.

An existing building hereafter enlarged, structurally altered, and/or changed in use under the expressed conditions of a building permit, with the exception of accessory buildings not intended for human occupancy, shall not be occupied in whole or in part until an occupancy permit has been issued by the Building Official and the Director of Planning/Zoning Administrator under applicable State and City regulations. For the purpose of zoning interpretation, the conversion of single-family residential dwelling to multi-family or other residential tenant (for lease) facility shall constitute a change in use.

3.

The Director of Planning/Zoning Administrator and the Building Official shall be responsible for determining whether applications for certificates of use and occupancy as defined in the Virginia Uniform Statewide Building Code are in accord with the requirements of this ordinance.

4.

No certificates of use and occupancy or temporary certificate of use and occupancy shall be issued by the Building Official unless the Director of Planning/Zoning Administrator has certified that all applicable provisions of this ordinance have been met.

5.

The Director of Planning/Zoning Administrator shall not approve any temporary certificate of use and occupancy where the applicable provisions of this ordinance are not met, except in such instances where lack of compliance is of a temporary nature and involved site related improvements, such as landscaping, vegetative screening and paving which cannot reasonably be completed due to seasonal or weather conditions. In such instances the Director of Planning/Zoning Administrator shall, before approving such temporary certificate of use and occupancy, be satisfied that the premises involved is physically suitable for use and occupancy in terms of access, parking and other site-related improvements.

Temporary certificates of use and occupancy shall state the nature of the incomplete work and the time period within which the work must be complete, which in no case shall exceed one hundred eighty (180) calendar days. Before approving any such temporary certificate of use and occupancy, the Director of Planning/Zoning Administrator may require a performance bond or other form of surety approved by the City Attorney in an amount equal to one hundred twenty percent (120%) of the amount necessary to meet the requirements of this ordinance, as certified by an architect, engineer or landscape professional. Such bond or surety shall be released within ten (10) days of satisfactory completion, inspection and approval of the installation of all required improvements.

6.

If the provisions of this ordinance are violated, the certificate of use and occupancy shall become null and void, and a new certificate shall be required for any further use of such building, structure or land.

(Ord. No. 2004-02.04, Art. 2, § E, 2-17-04)

The incorporated territory of the City of Danville shall be divided into classes of residential, office, commercial, industrial, and special overlay zoning districts as presented in Article 3. The location and boundaries of the zoning districts established by this ordinance are as indicated on the map entitled "Official Zoning Map of the City of Danville, Virginia," as approved by the City Council as part of this ordinance, endorsed by the Clerk to the Danville City Council, and filed in the office of the Director of Planning/Zoning Administrator and Clerk of the Council.

(Ord. No. 2004-02.04, Art. 2, § F, 2-17-04)

In the event that uncertainties exist with respect to the intended boundaries of the various zoning districts as shown on the Official Zoning Map, the following rules shall apply:

1.

Where zoning district boundaries of the City of Danville appear to follow streets, alleys, railroads or highways, such boundaries shall be construed as the centerlines of those streets, alleys, railroads or highways.

2.

Where zoning district boundaries appear to follow lines of lots or parcels of record, such lot or parcel lines shall be construed to be such boundary.

3.

Where indicated district boundaries are approximately following corporate boundaries, such corporate boundaries shall be construed to be the district boundaries.

4.

Where district boundaries are indicated as approximately following a river, stream, or marsh, the centerline of the river, stream or other water body shall be construed to be the district boundary.

5.

The Flood Boundary and Floodway Maps, as amended, prepared by the Federal Emergency Management Administration, shall be incorporated into the Official Zoning Map to delineate the boundaries of the Floodplain Overlay District (FP-O District). This map is filed in the office of the Director of Planning/Zoning Administrator.

6.

The Historic Areas Map and zoning district language describing the boundaries of the Historic Preservation Overlay, HP-O District of this ordinance, as adopted by the City Council, shall be incorporated into the Official Zoning Map to delineate the boundaries of the HP-O districts. The Historic Areas Map and other supporting information on historic structures and uses is filed in the office of the Director of Planning/Zoning Administrator.

7.

All areas of the City which are under water are considered to be within a zoning district and controlled by applicable district regulations. District boundaries over water areas are located by noted or scaled dimensions, with reference to physical features, City corporate limits or straight line projection of the district boundaries.

8.

Zoning district boundaries shall not divide a parcel of land. As such, each parcel of land in the City shall have one district zoning classification as depicted on the Official City Zoning Map.

(Ord. No. 2004-02.04, Art. 2, § G, 2-17-04)

1.

Permitted uses and special permit uses are listed for the various zoning districts governed by this ordinance. Any use not specifically permitted in a specified district or districts as a by right use or a special permit use shall be prohibited.

2.

Where a reference is made to specific prohibitions it is for the purpose of clarification or guidance and no further inference may be drawn therefrom.

3.

No structure shall hereafter be built or moved, and no structure or land shall hereafter be occupied, except for a use that is permitted as a by right use or a special permit use as regulated by the provisions for such use and the applicable district requirements of this ordinance.

4.

No use of a structure or land that is designated as a special permit use in any district shall be established or hereafter changed to another use designated as a special use, unless a special use permit has been secured from the City Council.

5.

No sign, fence, wall, accessory use or structure, or home occupation shall be hereafter established, altered, or enlarged unless in accordance with the provisions of this ordinance.

6.

Within each zoning district there are additional regulations referenced that are directly applicable to development permitted in the district.

7.

If any property in the City is not shown on the Official Zoning Map as being located within a zoning district, such property shall be classified as T-R, Threshold Residential District until the property zoning designation as been changed in accord with the provisions of this ordinance.

(Ord. No. 2004-02.04, Art. 2, § H, 2-17-04)

1.

Where no minimum district size is specified, the minimum lot areas and width requirements for that zoning district shall define the minimum district size.

(Ord. No. 2004-02.04, Art. 2, § I, 2-17-04)

1.

The maximum density or yield (in terms of total allowable residential dwelling units) shall be calculated based on the net developable area of the existing lot or property subject to development or subdivision prior to the improvement of the site, less the area which is either (a) existing deeded and/or dedicated public right-of-way contiguous to or located within the boundary of the lot, or (b) depicted on the City's adopted Official Map or Future Land Use Plan for proposed public right-of-way, or the expansion thereof, contiguous to or located within the boundary of the lot.

2.

The net developable area of a lot or property is a function of the physical land units of that lot or property, including soils, wetlands, other sensitive environmental areas, and other designated features. Adjustment factors for physical land units are as specified on the following chart.

3.

The subdivision plat and/or site plan for a project shall graphically depict the location and area for the physical land units as outlined herein below. A calculation of the net developable area shall be required for all subdivision and site plan submissions.

4.

Areas deeded to and accepted by the City for use as a public park, public school site, and/or public facilities (excluding rights-of-way) shall be included in the computation of the maximum allowable density for the remainder of the parcel and may provide a maximum of fifty (50%) percent of the parcel towards the required open space for the zoning district.

5.

In administering the provisions of this article, the Director of Planning/Zoning Administrator shall have the authority to interpret the definitions of qualifying physical land uses to be used for open space or landscaped open space ratios in a given district.

6.

Lands in common open space shall be so covenanted and perpetually maintained, managed and owned by a nonprofit organization or other legal entity established under the laws of the State of Virginia. Such entity shall be approved by the City Attorney or designated agent as a condition of final plan approval.

7.

Lands proposed for open space, recreational and active community open space, or landscaped open space shall be of a shape, size and location suitable for the intended open space uses.

8.

Maximum lot coverage standards, where specified for certain zoning districts, shall be construed to include that portion of a lot occupied by buildings or structures which are roofed or otherwise not open to the sky and which are greater than three feet in height.

(Ord. No. 2004-02.04, Art. 2, § J, 2-17-04)

Any territory hereafter annexed into the City of Danville shall be considered classified under the T-R, Threshold Residential District, unless otherwise designated by ordinance or annexation agreement.

(Ord. No. 2004-02.04, Art. 2, § K, 2-17-04)

Notwithstanding the specific minimum lot size requirements and minimum yard requirements specified for a given zoning district, a single family detached or attached dwelling condominium development and other forms of real estate condominiums may be permitted under the Condominium Laws of Virginia. Condominium developments shall comply with the density and other provisions of the zoning district in which they are located.

(Ord. No. 2004-02.04, Art. 2, § L, 2-17-04)

1.

The City shall develop a Sanitary Sewerage Facilities Master Plan to determine the projected sewerage flow, collection mains and facilities, easements, and costs to provide ultimate sewerage service to City drainage sheds at full development of those sheds. Such facilities plan shall be designed to and in accordance with the adopted Comprehensive Plan. The facilities cost shall be updated annually by applying the appropriate Engineering News-Record cost index factor. The facilities plan shall be adopted by City Council.

2.

Upon adoption of a Sanitary Sewerage Facilities Master Plan, a subdivider or developer of land shall be required to pay a pro rata share of the cost of providing reasonable and necessary sanitary sewerage facilities which may be outside the property limits of the land owned or controlled by the subdivider or developer, but necessitated or required, at least in part, by the construction or improvement of such land, in accordance with the intent and provisions of Section 15.2-2243 of the Code of Virginia, the adopted Comprehensive Plan, the adopted Sanitary Sewerage Facilities Master Plan, the subdivision ordinance, and this ordinance.

3.

The policy and criteria for determination of pro rata share of total cost, financial and implementation procedures and other related matters shall be the responsibility of the City Manager and adopted by the City Council as part of the Sanitary Sewerage Facilities Master Plan.

(Ord. No. 2004-02.04, Art. 2, § M, 2-17-04)

1.

The City shall develop a Public Water and Gas Facilities Master Plan to determine the projected public water demand, distribution mains and facilities, easements, and costs to provide ultimate public water services to City drainage sheds at full development of those sheds. Such facilities plan shall be designed to and in accordance with the adopted Comprehensive Plan. The facilities cost shall be updated annually by applying the appropriate Engineering News-Record cost index factor. The facilities plan shall be adopted by City Council.

2.

Upon adoption of any public water facilities plan, a subdivider or developer of land shall be required to pay a pro rata share of the cost of providing reasonable and necessary water facilities which may be outside the property limits of the land owned or controlled by the subdivider or developer, but are necessitated or required, at least in part, by construction or improvement of such land in accordance with the intent and provisions of Section 15.2-2243 of the Code of Virginia, the adopted Comprehensive Plan, the adopted Public Water Facilities Master Plan, the subdivision ordinance and this ordinance.

3.

The development of City policy and criteria for determination of pro rata share of total cost, financial and implementation procedures and other related matters shall be the responsibility of the City Manager and shall be approved and adopted by the City Council as part of the Public Water Facilities Master Plan.

(Ord. No. 2004-02.04, Art. 2, § N, 2-17-04)

1.

The City shall develop a Storm Drainage and Stormwater Management Facilities Master Plan to determine the projected storm drainage impacts, pre- and post-development run-off quantities and flow, storm drainage culverts and pipe systems, storm drainage ditches and structures, stormwater management facilities, waterfront protection measures, best management practices facilities (BMPs), easements and costs to provide adequate and necessary drainage improvements to the City's drainage sheds at full development of those sheds. This facilities plan shall be designed to and in accordance with the future land uses on the adopted Comprehensive Plan. The facilities and improvements cost shall be updated annually by applying the appropriate Engineering News-Record cost index factor. The facilities plan shall be approved and adopted by City Council.

2.

Upon adoption of a Storm Drainage and Stormwater Management Facilities Master Plan, a subdivider or developer of land shall be required to pay a pro rata share of the cost of providing reasonable and necessary storm drainage improvements facilities which may be located outside the property limits of the land owned or controlled by the subdivider or developer, but necessitated or required, at least in part, by the construction or improvement of such land, in accordance with the intent and provisions of Section 15.2-2243 of the Code of Virginia, the adopted Comprehensive Plan, the adopted Storm Drainage and Stormwater Management Facilities Master Plan, the subdivision ordinance, and this ordinance.

3.

The policy and criteria for determination of pro rata share of total cost, financial and implementation procedures and other related matters shall be the responsibility of the City Manager and adopted by the City Council as part of the Storm Drainage and Stormwater Management Facilities Master Plan.

(Ord. No. 2004-02.04, Art. 2, § O, 2-17-04)

1.

Accessory uses are permitted in any zoning district, but only in connection with, incidental to, and on the same lot with, a principal structure which is in use and permitted in such district. Walls and fences are regulated separately in the following section.

2.

Except as necessary for ongoing construction activity, the storage or overnight parking of buses, school buses and commercial vehicles (including tractors and trailers) weighing over one ton is prohibited in any residential zoning district.

3.

In residential districts, no motor homes, recreational vehicles, trailers or boats shall be parked on the public street right-of-way. No more than two of any combination of the above cited vehicles shall be parked on a residential lot. No parking of any of the above cited vehicles shall be permitted in a front yard of a residential lot. No such vehicle shall be used for any form of habitation on a residential lot and no such vehicle may be connected to a private or public utility.

4.

All accessory uses and structures shall be placed in rear yards and shall cover no more than twenty (20) percent of the area of the rear yard.

5.

No accessory building may be in a front or side street yard.

6.

Accessory buildings on lots in commercial and industrial districts which abut a residential district shall be located a minimum of fifty (50) feet from such residential district line.

7.

No accessory building may be placed within the limits of a recorded easement, alley or required fire lane.

8.

Garages and Flagpoles.

A.

Garages.

1.

No garage may exceed twenty-four (24) feet in height or the height of the height of the existing principal structure (whichever is less) without a Special Use Permit. Photo simulations of "before and after" or elevation drawings are required with a Special Use Permit request.

2.

Within a residential zoning classification, a Special Use Permit is required to construct or install a garage without a principal structure on the same parcel.

B.

Flagpoles.

1.

A Special Use Permit is required to construct or install a flagpole in any district without the presence of a principal structure.

2.

Flags and flagpoles are limited to a maximum of two (2) per parcel.

3.

Flagpoles may be installed in the earth or attached to the principal structure, provided the point of attachment nor the height of the flagpole exceeds the height of the principal structure.

4.

The height of a flagpole or point of attachment to the principal structure, may not exceed the height of the existing principal structure without a Special Use Permit. Photo simulations of "before and after" or elevation drawings are required with a Special Use Permit request.

5.

Maximum flag size.

a.

Within a residential zoning classification, the total square footage of flags on display may not exceed forty-eight (48) square feet.

b.

Within a commercial zoning classification, the total square footage of flags on display may not exceed seventy (70) square feet.

6.

The minimum setback from the base of a flagpole to any property line must equal the height of the pole itself.

9.

No accessory structure shall be located closer than ten (10) feet from any other building or structure.

10.

Fences or walls up to four (4) feet tall may project into or enclose front and street side yards. Fences or walls up to eight (8) feet tall may project into or enclose interior side and rear yards.

11.

Satellite dish antennas, satellite receiving dishes, satellite earth stations, and similar antenna structures are allowed accessory structures in any zoning district under the following conditions:

a.

Satellite dishes greater than three (3) feet in diameter:

i.

May not be in a front or street side yard;

ii.

May not be closer than ten (10) feet to any property line;

iii.

In SR-R, T-R, S-R, NT-R, OT-R, A-R, M-R, or MHP-R zoning districts, may not more than ten (10) feet tall nor exceed district height requirements if attached to a building;

iv.

In TO-C, N-C, CB-C, TW-C, HR-C, PS-C, LED-I, CP-1, or M-I zoning districts may not be more than twenty (20) feet tall nor exceed district height requirements if attached to a building; and

v.

Must be black, gray, or white.

b.

Satellite dishes three (3) feet or less in diameter:

i.

May be in any yard;

ii.

May not be closer than five (5) feet to any property line;

iii.

In SR-R, T-R, S-R, NT-R, OT-R, A-R, M-R, or MHP-R zoning districts, may not more than five (5) feet tall nor exceed district height requirements if attached to a building;

iv.

In TO-C, N-C, CB-C, TW-C, HR-C, PS-C, LED-I, CP-1, or M-I zoning districts may not be more than ten (10) feet tall nor exceed district height requirements if attached to a building; and

v.

Must be black, gray, or white.

12.

Swimming pools may occupy a required rear or side yard, provided that such pools are not located closer than ten (10) feet to a rear lot line or ten (10) feet to an interior or side lot line. Swimming pool plans will be reviewed for compliance with health, safety, and welfare issues as they directly relate to the location of the actual pool relative to structures. The primary concern of this review will be focused upon the avoidance of future users jumping into the pool from adjacent structures. A pedestrian space at least three (3) feet in width shall be provided between pool walls and the protective fences or barrier walls of the pool. Seasonal, non-permanent, above ground pools are exempt from this provision.

13.

In all residential zoning districts, accessory mechanical appliances may be in an interior or street a side yard if they are:

a.

Screened from view from the public right-of-way;

b.

At least ten (10) feet from all neighboring dwellings' windows and doors; and

c.

No closer than five (5) feet to any property line.

(Ord. No. 2004-02.04, Art. 2, § P, 2-17-04; Ord. No. 2008-03.02, 3-4-08; Ord. No. 2021-05.05, 5-4-21; Ord. No. 2021-08.02, § Exh. A, 8-5-21; Ord. No. 2022-02.01, Exh. A, 2-1-22; Ord. No. 2023-07.05, 7-6-23)

Walls and fences, berms and similar items which may restrict passage or vision or simply enhance private property may be located within required yards as defined by building setbacks except as restricted herein:

1.

Fences and walls in front and street side yards may not be taller than four (4) feet. No walls or fences or similar items other than landscaping within side and rear yards shall exceed a height of eight (8) feet. Barbed wire will be allowed only in the SR-R, Sandy River Residential, and T-R, Threshold Residential districts on walls or fences between the heights of six (6) and eight (8) feet located outside the public right-of-way.

2.

In commercial and industrial districts, walls and fences, which are clearly used for safety or security purposes, may supersede other height and setback regulations at the discretion of the Director of Planning/Zoning Administrator. Such fences shall be designed so as to not create a site or safety hazard if located within front yard setbacks. Barbed wire will be permitted in commercial and industrial districts on walls or fences between the heights of six (6) and eight (8) feet located outside the public right-of-way.

3.

In all use districts, walls and fences, hedgerows and other dense landscaping and other items which occur on corner lots, which exceed three and one-half (3 1/2) feet in height, and present an obstruction to vision, shall be reduced in height or relocated at least twenty (20) feet from the intersection of right-of-way lines.

4.

In all use districts, walls and fences, hedgerows and other dense landscaping and other items which exceed four (4) feet in height and present an obstruction of vision to traffic ingress and egress on property shall be reduced in height or relocated in a manner which negates the obstruction as determined by Virginia Department of Transportation (hereinafter referred to as "VDOT") or the Director of Planning/Zoning Administrator.

5.

In all residential districts, walls and fences which adjoin property lines shall not be electrified or otherwise secured in a manner inappropriate or dangerous to the neighborhood.

6.

Trellises and trellis work, play equipment, outdoor furniture, mailboxes, ornamental entry columns and gates are allowed within required yards.

7.

Walls, fences and other enclosures for uses such as swimming pools, refuse enclosures, transformers and substations may be restricted by other regulations which shall supersede this section.

(Ord. No. 2004-02.04, Art. 2, § Q, 2-17-04; Ord. No. 2005-01.03, 1-4-05; Ord. No. 2022-02.01, Exh. A, 2-1-22)

1.

For the purpose of this ordinance, commercial communication towers shall include any pole, tower, tripod, telescoping mast, or any other structure, not to include a building or water tower, which supports a device used for the transmission, retransmission or reception of electronic signals or information for commercial use as interpreted by the Director of Planning/Zoning Administrator.

2.

Commercial communication antennas shall include any device that is designed, and/or adaptable, for mounting on preexisting or new structures, for example nonresidential buildings or water towers, and used for transmission, retransmission, or reception of electronic signals or information for commercial use as interpreted by the Director of Planning/Zoning Administrator.

3.

A commercial antenna that is used for the one hundred and eighty (180) degree transmission, retransmission or reception of electronic signals or information for commercial use shall be considered a directional or panel antenna.

4.

A commercial antenna that is used for the three hundred and sixty (360) degree transmission, retransmission or reception of electronic signals or information for commercial use shall be considered an omnidirectional or whip antenna.

5.

No telecommunication tower(s) shall be located within five hundred (500) feet of a residential zoning district unless the applicant can otherwise demonstrate by providing coverage, interference and capacity analysis that the proposed location of the antenna is necessary to meet the frequency reuse and spacing needs of the wireless telecommunications facility and to provide adequate coverage and capacity to areas which cannot be adequately served by locating the tower(s) in a less sensitive area.

6.

Commercial communication tower(s) otherwise conforming to all the applicable provisions of this ordinance are hereby permitted subject to approval of a special use permit in the following zoning districts when the tower(s) is considered an accessory use:

a.

HR-C, Highway Retail Commercial District;

b.

LED-I, Light Economic Development District;

c.

M-I, Manufacturing District.

7.

Commercial communication antenna(s) are permitted by right in the following locations regardless of the underlying zoning district:

a.

Church sites when camouflaged as steeples or bell towers;

b.

Park sites when compatible with the existing environment and nature of the park;

c.

Government, school, utility and institutional sites; and

d.

Other commercial or industrial buildings or structures so long as they are camouflaged to match the color or texture of the structure on which they are mounted.

8.

The maximum height for commercial communication towers shall be one hundred and fifty (150) feet. An additional twenty (20) feet of antenna height may be added onto the maximum one hundred and fifty (150) foot tower height for the installation of omnidirectional or whip antenna for a total height of tower and antenna to be a maximum of one hundred and seventy (170) feet from grade. The minimum setback distance from the base of the commercial communications tower to any property line or to any adjacent nonresidential structure shall be equal to one-half (½) the total combined height of the tower and antenna, unless the City Manager or Planning Commission grants a waiver due to special or unusual characteristics.

9.

The following general criteria shall be considered in determining the appropriateness of sites for commercial communication tower(s) and commercial communication antenna(s) when considering a special use permit:

a.

Whether the proposed tower is to be located in an area where it would be unobtrusive to surrounding uses and would not substantially detract from the local aesthetic or neighborhood character;

b.

Whether the application represents a request for multiple use of a proposed tower(s) as is recommended in the City's Comprehensive Plan; and

c.

Whether the application exhibits how the site and the tower(s) and/or antenna(s) will be designed and arranged to accommodate future multiple users.

10.

Photo simulations of the "before and after" visual impacts of the tower(s) shall be submitted to the City with the special use permit application.

11.

Line of sight profiles depicting the proposed tower with attached antenna(s) and arrays from no fewer than three (3) locations, including all critical viewsheds determined by the Director of Planning/Zoning Administrator, shall be submitted at the time of initial application for all towers in excess of fifty (50) feet.

12.

Directional or panel antenna may not exceed three (3) feet in width and twelve (12) feet in height per individual antenna, and must be either sufficiently screened so as not to be visible from a public right-of-way or camouflaged by the use of color, textures or materials so as to match the surface on which they are mounted.

13.

Omnidirectional or whip antenna may not exceed three (3) feet in width and twenty (20) feet in height per individual antenna, and must be either sufficiently screened so as not to be visible from a public right-of-way or camouflaged by the use of color, textures or materials so as to match the surface on which they are mounted.

14.

In the event the tower(s) and antenna array(s) shall serve as the primary use of the property, any accessory facility or building greater than one hundred (100) square feet will be designed so as to be architecturally compatible with principal structures on the site and shall be compatible with the surrounding natural or built-up environment.

15.

No communications equipment shall be installed which will interfere in any way with the City's emergency communications system.

16.

Advertising or signage provided for any use other than to provide warning or equipment instruction and/or any other information pertinent to the safe operation of the facility on any portion of the tower and/or antenna or any other accessory facility shall be prohibited, and each tower shall maintain a gray or other neutral colored finish.

17.

Towers shall not be artificially lighted, unless required by the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA) or other applicable authority. If lighting is required, the Planning Commission and the City Council shall review the available lighting alternatives and approve the engineering design solution that would create the least visual disturbance to the surrounding area.

18.

Tower(s) and antenna(s) in excess of fifty (50) feet in height shall include screening as deemed necessary by the Director of Planning/Zoning Administrator.

19.

The applicant shall possess a communication license issued by the FCC and any other federal regulatory agency as deemed necessary by the City, and the site selection, design and operation of the facility must meet all applicable State and Federal requirements and regulations.

20.

If at any time the use of the tower(s) and/or antenna(s) ceases, the owner or lessee of the tower(s) and/or antenna(s) shall dismantle and remove it within six (6) months after ceasing to use it, unless:

a.

A binding lease agreement with another wireless communications provider on the same tower has been executed in which case an additional six (6) months shall be granted; or

b.

The City requests, in writing, that the tower(s) and/or antenna(s) be reserved for City use.

21.

Radio antennae, including amateur radio antennae, may be located in the rear yards of residences and commercial uses without height restrictions so long as sufficient "fall area" is provided either on the subject property or on an adjacent property with written permission from the owner of said property. Said written authorization must be recorded with the deed of the adjacent property.

(Ord. No. 2004-02.04, Art. 2, § R, 2-17-04; Ord. No. 2005-02.02, 2-1-05; Ord. No. 2009-12.06, 12-15-09; Ord. No. 2012-04.06, 4-17-12)

1.

Extraction activities and related uses involving the extraction of natural resources conforming to all the applicable provisions of this ordinance are hereby permitted subject to approval of a special use permit in the following zoning districts:

a.

Flood Plain Overlay District.

2.

The application for special use permit for a extraction activities shall be accompanied by a site plan meeting all the requirements for a major site plan review. In addition, the following information shall be provided with the special use permit application:

a.

A phasing plan;

b.

A vehicular access plan to be utilized by the excavation operator;

c.

An enhanced erosion and sediment control plan detailing methods to be used to protect surrounding properties and public streets;

d.

A comprehensive facility operations plan, including an estimate of annual yardage or tonnage to be excavated;

e.

A detailed reclamation and restoration plan;

f.

Design and construction details for fencing and gating;

g.

Copies of all state and federal permits for use and use operations;

h.

Proffers and plats supporting permanent easements, setbacks and buffer areas;

i.

Evidence of ownership's record of borrow bit operations and prior record of compliance with excavation permits;

j.

A site plan depicting enhanced roadside landscape, yard setbacks and related buffers; and

k.

An operations maintenance plan.

3.

In addition to the bonding requirements of Article 12, Site Plan Regulations, the following bonding (surety) requirements for extraction activities shall apply:

a.

In addition to other bonding requirements of this ordinance, the operator shall furnish a bond of the amount on the form to be prescribed by the City Engineer payable to the City of Danville.

b.

The bond shall serve to condition the use permit subject to the operator performing all of the requirements of this ordinance as well as the conditions of the special use permit, the facility improvements plan, the operations plan, the reclamation and restoration plan and the maintenance plan.

c.

The operator shall submit a cost estimate for the above considerations with the bond form, with said estimate to be prepared by a registered professional engineer qualified to undertake such examinations. The City Engineer shall employ said estimate in setting the bond or surety amount.

d.

The bond or surety posted by the operator for such use and operations shall not be refunded until the operator has obtained the approval of the Planning Commission.

e.

Within ten days of the anniversary of a bond, the operator shall post any additional bond in the amount determined by the Director of Planning/Zoning Administrator.

f.

If the operator does not undertake to complete any reclamation, operations or maintenance deficiency within thirty (30) days of notification by the Director of Planning/Zoning Administrator, the City may order the forfeiture of the bond or surety and have the necessary work performed with the money so received.

4.

All special use permits issued for extraction activities will be valid for a period of five (5) years from the date of issuance. An extension of time or renewal of said permit will require new applications filed in accordance with the terms of this ordinance.

5.

A violation of this article shall be deemed as adequate cause to declare the special use permit null and void upon action by the City Council at a regularly scheduled meetings.

(Ord. No. 2004-02.04, Art. 2, § S, 2-17-04)

1.

A home occupation permit shall be approved by the Director of Planning/Zoning Administrator prior to commencement of business operations.

2.

The home occupation shall be clearly incidental to the use of the premises for dwelling purposes.

3.

The home occupation shall be conducted only by direct family members residing on the premises and not more than one person who is not a direct member of the family.

4.

The home occupation shall not result in the alteration of the appearance of the residential dwelling unit or the lot on which it is located. There shall be no storage or display of goods outside of a completely enclosed structure (except for outside play equipment for a licensed family day care home).

5.

The home occupation shall be conducted within the dwelling or fully enclosed accessory building, shall not require external alternative to the appearance of the dwelling, and shall involve no equipment which is deemed to be in conflict with the intent of the residential nature of the community (except for outside play equipment for a licensed family day care home).

6.

The home occupation shall not involve the use or storage of explosives, flammable or hazardous materials and may not involve any process that produces smoke, dust, odor, noise, vibration, or electrical interference, which in the opinion of the Director of Planning/Zoning Administrator, is deteriorative or harmful to surrounding properties.

7.

The home occupation shall not involve the delivery and storage of materials at a frequency beyond that which is reasonable to the residential use of the property (except for the transportation of children to and from a licensed family day care home).

8.

Any use which generates traffic to and from the home in excess of what is normally associated with a single-family dwelling shall not be permitted as a home occupation (except for the transportation of children to and from a licensed family day care home).

9.

There shall be no group instruction, assembly or activity, or no display that will indicate from the exterior that the dwelling is being utilized in part for any purpose other than that of a residential dwelling. There shall be no advertising on the premises.

10.

No home occupation shall be permitted which comprises more than forty-nine (49) percent of the gross floor area of the dwelling (except for a licensed family day care home, and permitted short-term rental).

11.

A home occupation shall comply with all applicable City, State and Federal laws and regulations governing the intended use, including applicable business licenses and permits.

12.

Home occupation applicants shall permit reasonable inspections of the premises by the Director of Planning/Zoning Administrator or other City official to determine compliance with this ordinance and the conditions attached to the granting of a home occupation permit.

13.

Any home occupation, which in the opinion of the Director of Planning/Zoning Administrator, has violated the provisions of the home occupation permit or becomes a burden to the neighborhood due to excessive traffic, noise, hours of operation, lighting, or use intensity, shall have its permit revoked and the home occupation shall discontinue or correct operations within ten days upon notification.

14.

Any person aggrieved by the action of the Director of Planning/Zoning Administrator in granting, denying or revoking a home occupation permit or in stipulating conditions or corrections thereto may appeal the decision to the Board of Zoning Appeals.

15.

Within the context of the above requirements, home occupation uses include, but are not limited to, the following:

a.

Artist, sculptor, graphic designer or photographer, limited to one employee.

b.

Author or composer, limited to one employee.

c.

Computer programmer, internet service provider or individual conducting a computer-oriented technology services, limited to one employee.

d.

Home care provider (baby-sitting for not more than 5 non-related children or home care provided for not more than 5 non-related adults).

e.

Tailor or seamstress, limited to one employee.

f.

Professional office, limited to one employee with no client interaction on the site.

g.

Tutoring, limited to two students at any one time.

h.

Salesperson, provided that no retail or wholesale transactions occur on premises and limited to one employee.

i.

Telephone answering service, limited to one employee.

j.

Music teacher, limited to two students at any one time.

k.

Caterer, limited to one employee.

l.

Family day care home (baby-sitting for more than five (5) but not more than twelve (12) non-related children.

16.

Specifically prohibited home occupation uses include, but are not limited to, the following:

a.

Auto repair or auto paint shop.

b.

Reserved.

c.

Gift shops.

d.

Adult entertainment businesses and massage parlors.

e.

Medical and dental clinics.

f.

Veterinary activities and kennels.

g.

Wrecking and towing service.

h.

Welding and machine shop.

i.

Beauty parlors.

j.

Barber shops.

k.

Nursing homes, convalescent homes, and adult care facilities (6 adults or more).

l.

Child day care provider.

m.

Eating establishments.

n.

Antique shops.

o.

Tourist homes.

p.

Fortune tellers.

q.

Small machinery repair shop.

r.

Other similar use.

s.

Commercial (non-charitable) door-to-door sales.

17.

Reserved.

(Ord. No. 2004-02.04, Art. 2, § T, 2-17-04; Ord. No. 2012-12.07, 12-18-12; Ord. No. 2019-05.03, 5-7-19; Ord. No. 2019-05.04, 5-7-19; Ord. No. 2021-09.03, Exh. A, 9-7-21)

These regulations are intended to prescribe the conditions under which limited duration commercial and civic activities (e.g., holiday sales, pumpkin sales, Christmas tree sales, landscape material sales, agricultural sales, craft sales, grand openings and special events, etc.) may be conducted. The intent is to prevent the creation of any nuisance or annoyance to the occupants of adjacent building, premises or property, and the general public.

1.

Application and Permit Processing. A temporary or seasonal use permit shall be required for all temporary and seasonal uses listed in this section. This permit must be issued prior to the commencement of any temporary or seasonal use. The Director of Planning/Zoning Administrator may, from time to time, specify the form of the temporary/seasonal use permit application. Temporary and seasonal uses may be subject to additional permits or inspections as required by any applicable law or regulation.

2.

Prior Determination for Temporary/Seasonal Use Permit Approval. The Director of Planning/Zoning Administrator shall only approve an application for a temporary or seasonal use permit if all of the following findings can be made:

a.

The proposed temporary/seasonal use will be compatible with adjacent uses and will not adversely affect the surrounding neighborhood by means of odor, noise, dust or other nuisances.

b.

The additional parking required by the temporary/seasonal use will be provided on site, if applicable, or adequate street parking is available in the immediate area.

c.

Increase traffic caused by the temporary/seasonal use will not adversely affect the surrounding neighborhood or City at large.

d.

The proposed temporary/seasonal use is consistent with the comprehensive plan, City Code, and other applicable codes.

3.

Definitions. Uses described in this section are classified into one of two categories based upon their maximum allowable duration:

a.

Temporary Retail Use: Commercial activities which are limited to a duration of no longer than 15 consecutive days per calendar year. Temporary retail uses are allowed only in those Zoning Districts in which they are specified as either an appropriate by-right or specially permitted use per this Zoning Ordinance. Only one such use is permitted at each location per calendar year.

b.

Seasonal Retail Use: Commercial activities which are limited to a duration of no longer than three consecutive months per calendar year. These uses should have a direct relationship to seasonal periods that have a clearly defined and universally understood duration. Seasonal retail uses are allowed only in those Zoning Districts in which they are specified as either an appropriate by-right or specially permitted use per this Zoning Ordinance. Only one such use is permitted at each location per calendar year.

4.

Uses Permitted with a Temporary Use Permit. The following uses are eligible for a temporary use permit, provided they meet the following criteria:

a.

Parking lot sales, sidewalk sales (private sidewalks only), clearance sales or other temporary uses which, in the opinion of the Director of Planning/Zoning Administrator, are similar to uses listed in this section.

b.

Grand opening and special events.

c.

Stands for the sale of agricultural produce or fresh fish.

d.

Retail sales of landscaping nursery material.

e.

Craft sales held outside a fully enclosed building.

f.

Other temporary or seasonal retail uses which, in the opinion of the Director of Planning/Zoning Administrator, are similar to the uses listed in this section.

5.

Uses Permitted with a Seasonal Use Permit. The following uses are eligible for a seasonal use permit, provided they meet the following criteria:

a.

Retail sales of Christmas trees.

b.

Retail sales of pumpkins.

c.

Group of assembly activities (e.g., carnivals, fairs, rodeos, sport events, concerts; flea markets and shows).

d.

Other seasonal retail uses which, in the opinion of the Director of Planning/Zoning Administrator, are similar to the uses listed in this section.

6.

Garage Sales. Garage sales are exempt from these provisions, provided they do not occur any more frequently than one three day event per hundred eighty day period.

7.

Exempt Uses. Temporary services and commercial activities enacted for not-for-profit causes, such as car washes, bake sales, brunswick stew sales, and other temporary retail or civic uses deemed appropriate by the Director of Planning/Zoning Administrator are exempt from the temporary or seasonal use permitting processes.

8.

General Regulations. Each temporary and seasonal use shall:

a.

Be described in a permit thereby issued by the Director of Planning/Zoning Administrator prior to commencement of the event. This permit shall be in addition to all other licenses, permits or approvals otherwise required by any governmental entity.

b.

The number of additional parking spaces required for the limited duration activity shall be determined by the Director of Planning/Zoning Administrator. Required parking spaces for permanent use shall be used to fulfill the additional parking requirements. The area of the required parking spaces shall not be used for the temporary and seasonal use.

c.

All unimproved parking areas and main walk areas shall be kept damp or shall be covered with a material to prevent raising of dust.

d.

All sites shall be completely cleaned of debris and temporary structures including, but not limited to: trash receptacles, signs, stands, poles, electrical wiring or any other fixtures and appurtenances or equipment connected therewith, within five (5) days after the termination of the sale or special event.

e.

No area of public right-of-way may be used without obtaining approval from the City Council.

f.

Proof of ownership, or a signed letter from either the property owner or their authorized representative, for the property on which the activity is to take place shall be presented at the time the temporary/seasonal permit is requested.

g.

All temporary structures including, but not limited to, greenhouses, trailers, mobile homes, etc., shall conform to zoning setback requirements unless stated otherwise in this chapter.

9.

Conditions of Approval. The Director of Planning/Zoning Administrator may impose such conditions on a temporary or seasonal use permit as is necessary to meet the purposes of this chapter and protect the public health, safety and welfare and adjacent uses. Conditions which may be imposed may include, but are not limited to:

a.

Yard setback and open space requirements.

b.

Parking.

c.

Fences, walls or other screening.

d.

Signs.

e.

Vehicular and pedestrian ingress and egress.

f.

Property maintenance during the course of the activity.

g.

Control of illumination, noise, odor, vibration or other nuisances.

h.

Hours of operations.

(Ord. No. 2004-02.04, Art. 2, § U, 2-17-04)

1.

No structure or part thereof shall hereafter be constructed or moved on a lot which does not meet all of the minimum lot area and yard requirements established for the zoning district in which the structure is or is planned to be located except when allowed by special use permit.

2.

The minimum lot width shall be measured at the minimum front yard setback line approved on the final subdivision plat. For lots fronting curved streets, the front yard setback will be established parallel to the street as measured constructing tangent points from the street. Each lot must maintain a minimum street frontage of at least twenty-five (25) feet.

3.

Pipestem lots (also known as "flag lots") are not permitted in any residential district.

4.

Cornices, awnings, eaves, Americans with Disabilities Act (ADA) ramps, gutters, and other similar structural overhangs at least eight feet above grade may extend not more than three feet into any required yard.

5.

Uncovered and unenclosed decks, porches, patios, terraces and other similar features not covered by a roof or canopy (excluding driveways) may extend or project into a front, side or rear yard setback line not more than four (4) feet.

6.

Swimming pools may project into required side and rear yards, provided that these projections be at least ten (10) feet from any side or rear property line or from any primary structure. Swimming pools are not allowed in front or street side yards. Swimming pools shall be fenced and/or landscaped in a manner satisfactory to the Director of Planning/Zoning Administrator.

7.

Corner properties' front and street side yards must have an equal setback.

8.

Where the frontage on one side of a street between two (2) intersecting streets is improved with buildings having a setback greater or less than one setback heretofore permitted, no building shall project beyond the average setback line of the existing buildings of the same zoning classification so established.

9.

Chimneys, solar devices, architectural features or the like, may project into required yards not more than thirty (30) inches. No such feature shall connect a principle structure with an accessory structure unless the accessory structure conforms with setbacks applicable to principle structures and all building code requirements are met.

10.

No commercial above ground fuel storage tanks may be located less than one hundred (100) feet from any residential district. Canopies and pump operations are not classified as accessory buildings and shall comply with standard principal building setbacks for the district concerned.

11.

No residential lot shall be created in which an area more than 25% of the total minimum lot area is comprised of one or more of the physical land units: (a) slopes 30% or greater, (b) wetlands, (c) 100-year floodplains and (d) streams, rivers or other water features.

12.

Development on shrink/swell soils or other soils which limit their engineering capacity for building foundations is not encouraged by the City of Danville. Any development on lots containing shrink/swell soils shall be subject to specific soils and geotechnical analysis of the lot and detailed foundation engineering evaluations for the intended improvements. The following additional lot regulations and requirements shall apply to any subdivided lot:

a.

Lots to be developed on shrink/swell or other limiting soils shall require a geotechnical study and foundation design report for each lot prior to issuance a building permit. Such report shall be prepared by a registered professional engineer and shall address (1) the location and characteristics of the soils and (2) foundation and related structural engineering design recommendations for the intended structure.

b.

No subdivision plat or site plan shall be approved for recordation until a geotechnical and foundation report has been reviewed by the City in conjunction with final site plan, lot development plan and/or final subdivision plat review, or as otherwise required by the Director of Planning/Zoning Administrator.

c.

All recorded plats for new subdivided lots containing shrink/swell soils shall bear the following notation:

"This lot contains shrink/swell soils which require special engineering design for foundations and structural elements. No structure will be approved for issuance of a building permit until a certified engineering design has been submitted for the foundation and other related structural elements for the proposed structure."

d.

Shrink/swell soils will be identified and determined for the sake of this requirement of the Zoning Ordinance by use of the City's geographic information system (GIS). The shrink/swell soils layers in the City's GIS system are based upon information provided by the USGS Soils Survey for the City and Pittsylvania County. For the purposes of calculating net developable acreage for development review, only those soils exhibiting high shrink/swell characteristics will be incorporated into the net developable acreage crediting calculation.

(Ord. No. 2004-02.04, Art. 2, § V, 2-17-04; Ord. No. 2022-02.01, Exh. A, 2-1-22)

Editor's note— Ord. No. 2022-02.01, Exh. A, adopted Feb. 1, 2022, amended § V and in doing so changed the title of said section from "Lot and Yard Requirements and Modifications" to "Property and Yard Requirements and Modifications," as set out herein.

1.

Public hearings held by the City Council, Planning Commission, Board of Zoning Appeals or other duly appointed authority, shall be held in accordance with Section 15.2-2204, 2205 and other appropriate sections of the Code of Virginia, 1950, as amended.

2.

In accordance with applicable regulations, before such hearings, the following is required:

a.

Notice of the intended action shall be published once a week for two successive weeks in a newspaper of general circulation in the City of Danville; provided that such notice for matters to be considered by more than one board or commission may be published concurrently. Such notice shall specify the time and place of the hearing at which persons affected may appear and present their views, not less than six days or more than twenty-one days after the second advertisement shall appear in such newspaper with not less than six days elapsing between the first and second publication.

b.

The applicant for action requiring a public hearing shall bear the cost of said notice. The applicant shall be required to supply the names of those persons that are required to be notified. Any person entitled to such notice may waive such right in writing.

(1)

Applications for Appeals, Special Exceptions, Variances, Special Use Permits and amendments to zoning ordinance involving a change in zoning classification of twenty-five or fewer parcels of land, require, in addition to the advertising required herein, written notices to be given at least five days before the hearing to the owner (the last known address as shown on the current real estate assessment records of the City of Danville) of each parcel involved, the owners of all abutting property and the owners of property immediately across the street or road from the property affected. If such notice is sent by an applicant other than a representative of the City Council, it shall be sent by registered or certified mail and the return receipts shall be filed with the records of the case. If such notice is sent by a representative of the Council, the notice may be sent by first class mail; provided that the representative make affidavit that such mailings have been made and file such affidavit with the records of the case.

(2)

When a proposed amendment to the zoning ordinance involves a change in the zoning classification of more than twenty-five but less than five hundred parcels of land, then in addition to the advertising required hereinabove, written notice shall be given at least five days before the hearing to the owners of each parcel of land involved. Notice shall be sent by first class mail to the last known address of such owner as shown on the current real estate assessment records of the City of Danville. The party responsible for sending the required notice shall make affidavit that such mailings have been made and file such affidavit with the papers in the case.

(3)

When a proposed amendment to the zoning ordinance involves a change in the zoning classification of five hundred or more parcels of land, written notice to the owners of each parcel is not required. Notice shall be advertised as required herein.

c.

At least fourteen days preceding a public hearing involving a site specific request, the applicant shall erect on the subject parcel or parcels, a sign or signs, in such number furnished by the Director of Planning/Zoning Administrator, stating "PUBLIC HEARING NOTICE" and indicating the telephone number of the Director of Planning/Zoning Administrator. The sign or signs shall be erected by the applicant within ten feet of whatever boundary line of such land abuts a public street and shall be so placed as to be clearly visible from the street. Such signs shall not be erected on the public right-of-way. If more than one such street abuts the subject parcel or parcels, then at least two signs shall be erected in the same manner as specified above, along at least two abutting streets. If no public street abuts thereon, then signs shall be placed in the same manner as above on at least one (or as many as deemed necessary by the Director of Planning/Zoning Administrator) boundary of the property abutting land not owned by the applicant.

3.

Any sign erected as required by this article shall be maintained at all times by the applicant up to the time of the hearing.

4.

It shall be unlawful for any person, except the applicant or the Director of Planning/Zoning Administrator, or authorized agent of either, to remove or tamper with any required sign during the period it is required to be maintained under this section.

5.

All signs erected under this section shall be removed by the applicant within five days following the public hearing for which it was erected.

6.

An affidavit sworn by the applicant stating that the required sign or signs were erected in accordance with this ordinance shall be submitted at the public hearing.

7.

Failure to constantly maintain such sign on the property prior to the date of the public hearing shall not invalidate the public hearing or any approval thereafter granted.

8.

If any hearing is continued, written notice of the new hearing date shall be mailed to those persons that received notice of the previous hearing, as required above.

(Ord. No. 2004-02.04, Art. 2, § W, 2-17-04)

Editor's note— Ord. No. 2022-05.06, Exh. A, adopted May 3, 2022, repealed § X, which pertained to violations and penalties and derived from Ord. No. 2004-02.04, Art. 2, § X, adopted Feb. 17, 2004.

1.

Short-term rental approval.

a.

No host shall operate or advertise a residential property for a short-term rental without a Short-Term Rental Permit issued by the Zoning Administrator or their designee.

b.

Short-term rentals must comply with applicable provisions of the Virginia Uniform Statewide Building Code (Danville City Code sections 9-81 through 9-88).

c.

A short-term owner/operator must apply for and receive a business license clearance prior to registering with the Commissioner of Revenue.

d.

The short-term rental must register with the Commissioner of Revenue to collect and remit the City's transient lodging tax and other applicable fees as specified in Chapter 37 entitled "Taxation."

e.

If a short-term rental is within a City Rental Housing Inspection Division, then the property must register as a rental property and maintain a certificate of compliance (City Code sections 9-204 through 9-207).

2.

Short-term rental standards.

a.

The minimum contract rental period for guests shall be eighteen (18) hours. The maximum contract rental period shall be no more than 30 days.

b.

Short-term rentals as a principal use are permissible with a Special Exception Permit in the SR-R, T-R, S-R, NT-R, OT-R, A-R, and TO-C zoning districts. Short-term rentals are permissible accessory uses to permitted dwellings in the SR-R, T-R, S-R, NT-R, OT-R, A-R, CB-C, and TW-C zoning districts.

c.

With the exception of CB-C and TW-C, no more than one (1) Short-Term Rental per parcel without a Special Use Permit.

d.

If the owner of a short-term rental does not live within 30 miles of the City, they must designate a responsible local agent to contact in case of emergencies when they apply for the Business License Clearance. If the party responsible changes, no rentals shall occur until the City of Danville is notified and acknowledges receipt of such a change.

e.

Short-term rental may only provide short-term occupancy services for compensation for guests including lodging, packaged food and beverages, and other incidental items typically found within a residence. The short-term rental management or host must not prepare food or beverages, provide event services, or provide unrelated services for compensation.

f.

Short-term rentals are allowed the same signage as their associated dwellings under Article 10.

g.

Units must have a working multi-purpose fire extinguisher, interconnected smoke detectors and carbon monoxide detectors (when required for a fireplace or gas service).

h.

Units must have an emergency exit plan posted inside the door to each sleeping room showing the exit pathway from the sleeping room to the nearest exit from the dwelling.

i.

Events and activities, including luncheons, banquets, parties, weddings, meetings, fund raising, commercial or advertising activities, and any other gathering of persons other than the authorized lodgers, whether for direct or indirect compensation, are prohibited in association with any short-term lodging at the subject location.

3.

Short-Term Rental Permit.

a.

A Short-Term Rental Permit is required at a price set by City Council or their designee. A Short-Term Rental Permit may be good for a period not greater than twelve (12) months.

b.

A Short-Term Rental Permit application shall include, but is not limited to, the name and contact information of the host or responsible party, property owner, location of the short-term rental, and acknowledgement of the standards of this Section.

c.

The Short-Term Rental Permit shall be valid from January 1st (or from whatever date the registration first occurs) through December 31st of the calendar year. Registration shall be renewed annually for operation.

d.

A Short-Term Rental Permit is non-transferable. If there are changes in the party responsible for the Short-Term Rental. No rentals shall occur until the City of Danville is notified and a new permit is issued.

e.

The owner or operator shall permit a minimum of one (1) inspection each year by the Zoning Administrator, or other official(s) designated by the City to ensure compliance with City regulations. Additional inspections shall be at the discretion of the City.

f.

A Short-Term Rental Permit number must be included on any advertising of the short-term rental

g.

Proof of short-term homeshare insurance policy or endorsement must be provided

h.

The Zoning Administrator shall have the authority to revoke a Short-Term Rental Permit if there are three (3) or more substantiated complaints, zoning or building violations. or illegal activities within a twelve (12) month time period

i.

Operation of a non-compliant short-term rental may result in a penalty of $500.00 per violation. Failure to comply may result in modification or revocation of a City of Danville Business License.

(Ord. No. 2021-09.03, Exh. A, 9-7-21; Ord. No. 2023-04.05, 4-4-23; Ord. No. 2023-12.13, 12-5-23; Ord. No. 2023-12.18, 12-19-23)

Editor's note— Ord. No. 2021-09.03, Exh. A, adopted Sept. 7, 2021, repealed the former § Y and enacted a new § Y as set out herein. The former § Y pertained to specific use standards and derived from Ord. No. 2019-07.05, adopted July 2, 2019.

1.

Purpose. The City recognizes that certain adult-oriented uses that are only legal for people at least 18 years old have serious objectionable operational characteristics, particularly when they are concentrated, and may negatively impact adjacent properties' use and enjoyment. Special regulation of these uses is necessary to offset negative impacts and make sure the use will not create blight, crime, or nuisances in the surrounding neighborhood.

2.

Definitions.

a.

Adult Bookstore. An establishment having most of its merchandise stock in trade books, magazines, publications, media, or films with an emphasis on matter depicting, describing, or relating to sexual activities or genitalia.

b.

Adult Cabaret:

(1)

An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or nudity;

(2)

A cabaret that features nude dancers, strippers, or similar entertainers that patrons view.

c.

Adult Theater. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

d.

Skill Game. An electronic, computerized, or mechanical contrivance, terminal, machine, or other device that requires the insertion of a coin, currency, ticket, token, or similar object to operate, activate, or play a game, the outcome of which is determined by any element of skill of the player and that may deliver or entitle the person playing or operating the device to receive cash; cash equivalents, gift cards, vouchers, billets, tickets, tokens, or electronic credits to be exchanged for cash; merchandise; or anything of value whether the payoff is made automatically from the device or manually. This definition exempts family entertainment centers from the prohibition against the playing or offering of any skill game, provided the prize won or distributed to a player by the skill games offered by such centers is a noncash, merchandise prize or a voucher, billet, ticket, token, or electronic credit redeemable only for a noncash, merchandise prize that also meets certain other requirements.

3.

Adult-Oriented Use Operations:

a.

Adult-Oriented Uses must obtain a Special Use Permit (SUP) according to the standards provided in Article 6.

b.

Adult-Oriented Uses, even if accessory to a permitted use, must obtain a SUP.

c.

Adult-Oriented Uses must obtain a business license clearance from the Zoning Administrator and register with the Commissioner of Revenue prior to operating.

d.

Adult-Oriented Uses owner/operator must apply for and receive a business license clearance prior to registering with the Commissioner of Revenue.

e.

Adult-Oriented Uses must register with the Commissioner of Revenue to collect and remit the City's business taxes and other applicable fees as specified in Chapter 37 entitled "Taxation."

4.

Adult-Oriented Use Standards. Adult-Oriented Uses include adult bookstores, adult theaters, cabarets, and skill games. The following additional regulations shall apply to Adult-Oriented Uses:

a.

Adult-Oriented Uses are only allowed with a SUP in the M-I, Industrial-Manufacturing zoning district.

b.

An Adult-Oriented Use may not be located within:

(1)

1,000' of any other permitted Adult-Oriented Use.

(2)

1,000' of any SR-R, T-R, S-R, NT-R, OT-R, A-R, MHP-R, TO-C, C-E, CB-C, or TW-C zoning district.

(3)

1,000' of any school, childcare center, or family day home.

Distance is measured from the nearest property line of any Adult-Oriented Use and the nearest property line of any limiting use.

c.

Should any Adult-Oriented Use cease operations for ninety (90) or more consecutive days, it may not resume nor be replaced by any other Adult-Oriented Use without a new SUP.

d.

The City Council may approve a SUP for an Adult-Oriented Use for up to one (1) year.

e.

If the owner or operator of an Adult-Oriented Use approved by a SUP violates any City, Virginia, or Federal laws, then the City Council may revoke the SUP according to the provisions of Article 6.G.4.c.

(Ord. No. 2022-04.01, Exh. A, 4-5-22)

1.

Campgrounds must comply with all rules and regulations governing them in the Virginia Administrative Code, Title 12, Health, Agency 5, Department of Health, Chapter 450.

2.

Campgrounds are permissible by Special Use Permit in the "SR-R, Sandy River Residential (Single Family Residential District)" and "T-R, Threshold Residential District" zoning districts

3.

The minimum campground size is 30 acres.

4.

If a campground rents sites to users without self-contained camping units, then it must provide toilets, lavatories, and showers according to the schedule in Virginia Administrative Code 12VAC5-450-100, Sanitary facilities.

5.

All buildings and camping units within the campground must be setback 40' from all property lines.

6.

On-Site Amenities. Accessory on-site amenities including pools, clubhouses (with or without a restaurant), picnic areas, fields, and playgrounds must be provided to guests at a minimum of two hundred (200) square feet per camping unit. Required landscaping, setbacks, and stormwater management features are not included in on-site amenities. All on-site amenities must be limited to current registered guests of the campground facilities.

7.

Access. Campground entrances and all internal roads must accommodate movements by the largest design vehicle type the campground serves. Additionally, the route from the closest City collector street to the campground site must accommodate turning movements by the largest design vehicle type the campground serves. The most current AASHTO Green Book design vehicle types must be used to analyze access.

8.

Outdoor Entertainment. Outdoor entertainment must be limited to current registered guests of the campground facility. Outdoor entertainment must be in compliance with Article 23.1 of the City Code titled "Noise."

(Ord. No. 2022-05.07, Exh. A, 5-3-22; Ord. No. 2023-06.05, 6-6-23)

1.

Purpose. This establishes the City's minimum standards for the production, keeping or maintenance, for sale or lease on lots or portions of lots equal to or less than two (2) acres of plants and animals, forage and sod crops, grains, and seed crops; dairy animals and dairy products; poultry; livestock (except swine), bees and apiary products; trees and forest products; fruits of all kinds; vegetables; nursery, flora, ornamental and greenhouse products.

2.

Standards. Urban Agriculture in compliance with the following standards is a permitted use in districts established in Article 3, Section C. Urban Agriculture that does not meet these standards requires a Special Use Permit.

a.

Crops, vegetables, and fruits must be planted in the rear yard unless they are in containers ten (10) gallons or smaller.

b.

Hen Chickens. Any person residing in a one-family dwelling may keep hen chickens in compliance with the following:

1.

A maximum of four (4) hen chickens are permitted on a property.

2.

Roosters and Guinea-hens are prohibited.

3.

Slaughtering is prohibited.

4.

Hen chickens must be provided, and always remain within, a fully enclosed coop and fenced enclosure, that is no larger than 300 square feet.

5.

The coop and fenced enclosure must be at least 30 feet from any neighboring dwellings.

6.

All feed must be secured in metal containers to prevent vermin access.

c.

Apiculture (Beekeeping).

1.

Up to four (4) hives may be kept per property.

2.

There must be one (1) adequate and accessible water source provided on site and located within 50 feet of the beehive(s)

3.

If the landing platform of a hive faces and is within ten (10) feet of any lot line, there shall be a flight path barrier, consisting of a fence, building or plantings not less than six (6) feet in height, located in front of the hive.

4.

Hives must be protected and secured from disruption by inclement weather, children, pets, and wildlife.

5.

All apiculture equipment not used with an active bee colony must be indoors.

6.

All waste honey and wax must be in containers or disposed of.

d.

All urban agriculture, including animal yards and chicken coops, must be kept clean, sanitary, and free from all refuse.

(Ord. No. 2022-06.02, Exh. A, 6-7-22)

Editor's note— Ord. No. 2022-06.02, Exh. A, adopted June 7, 2022, set out provisions to be included as § CC. In order to preserve the numbering style of the Code, and at the editor's discretion, these provisions have been added as § BB.